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BUSINESS LAW ESSENTIAL STANDARD 1.00 OBJECTIVE 1.03 Understand Criminal and Civil Laws.

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Presentation on theme: "BUSINESS LAW ESSENTIAL STANDARD 1.00 OBJECTIVE 1.03 Understand Criminal and Civil Laws."— Presentation transcript:

1 BUSINESS LAW ESSENTIAL STANDARD 1.00 OBJECTIVE 1.03 Understand Criminal and Civil Laws

2 Elements of Crime Criminal Act- An act that is punishable offense against society. Elements of Criminal Acts: 1) Whether you were aware of your duty to do or not to do a specific thing 2) Whether you performed an act or omission on violation of that duty 3) Whether or not you had criminal intent Required state of mind- Determining if the defendant intended to commit the act and intended to do evil.

3 Basic Crime Classifications  Felony- Punishable by confinement for more than a year in a state prison or by a fine more than a $1000, or both.  Misdemeanor- A less serious crime that is usually punishable in a local jail for less than one year, or by a fine or both.  Infraction- A noncriminal violation of law not punishable by imprisonment.

4 Crimes  Murder- The intentional killing of another person.  1 st Degree Murder- Willful, deliberate, and premeditated killing of another person either directly or through another felonious act.  2 nd Degree Murder- An inherently dangerous act or omission, done in such a reckless and wanton manner without regard for human life.  Voluntary Manslaughter- The killing of another person with malice or intent.  Robbery- The wrongful taking of property from another person by threat or the actual use of force, violence or a weapon.

5 Specific Crimes (continued) Rape/Sex Offenses:  Statutory Rape- If the defendant engages in a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person.  Date Rape- Victim is unconscious or physically unable to resist an act a sexual act or communicate unwillingness to submit to an act of vaginal intercourse or a sexual act.

6 Crimes (continued) Assault:  Simple Assault- An attempt to commit a battery against another person.  Battery- The unlawful touching or forceful striking of another person using a hand, a weapon or other instrument.  Aggravated Assault- A person that i nflicts serious injury upon another person or uses a deadly weapon. Note: N.C. Assault Statutes do not distinguish between assault and battery as both are included as part of the assault criminal statute.

7 Crimes (continued)  Kidnapping- The unlawful removal or restraint of a person against his or her will.  Domestic Violence:  N.C. Domestic Violence Laws  Domestic Victim Defined: Current or former spouses. Related as parents and children. Current or former household members. Persons who are in a dating relationship.

8 Crimes (continued) Criminal Law Process-Requirements: Domestic violence means the commission of one or more of the following acts:  Attempting to cause bodily injury, or intentionally causing bodily injury.  Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury or continued harassment.

9 Specific Crimes (continued) Civil Law Process- Requirements: The court from specific facts shown, may enter an order as it deems necessary to protect the plaintiffs if there is a danger of acts of domestic violence against them from a defendant.

10 Crimes (continued)  Burglary- Any person who breaks or enters any building with intent to commit any felony or larceny therein.  Larceny- Occurs where the value of the property or goods is not more than one thousand dollars ($1,000).  Vandalism- Willful or malicious damage to property.  Arson- Willfully setting fire to or cause to be burned any building or structure of any type.  Embezzlement- Fraudulently or knowingly and willfully misapplying or converting any item of monetary value to one’s own use.

11 Specific Crimes (continued)  Fraud- Using deception to obtain money or property.  Money Laundering- Illegally obtained money is put into or through a business to hide it’s origin.  Forgery- Placing a false signature on a check or other document in order to deceive or deprive someone of their property.  Treason- Giving aid and comfort to enemies of the United States.  Perjury- When a person lies during a court or administrative process.  Obstruction of Justice- When a persons does something that hinders the court to move forward in a case.  Bribery- Giving money or property to a public official in for a favor.  Contempt of Court- When a person ignores a court order or shows a lack of respect for the court.

12 Civil Laws  Tort- A private wrong committed by one person against another.  Elements of a Tort:  Duty- Obligation to use a reasonable standard of care to prevent injury to others.  Breach- Break or breach duty to another person.  Causation- That breach of duty caused the injury.  Proximate Cause- Reasonably foreseeable that a breach of duty will result in an injury.  Vicarious Liability- A person is liable for the torts of another.  Actual Harm- Injury caused and property is destroyed or loss of monetary value.

13 Civil Laws  Assault- When one person intentionally puts another in reasonable fear of an offensive or harmful bodily contact.  Battery- The harmful or offensive touching of another.  False Imprisonment- The intentional confinement of a person against the person’s will and without the lawful ability to do so.  Defamation- A false statement that injures a persons’ reputation or good name.  Invasion of Privacy- Uninvited intrusion into a ones’ personal relationships and activities.

14 Civil Law  Trespass to Land- Entry onto the property of another without consent.  Conversion- When property is stolen, destroyed or used in a manner that is inconsistent with an owner’s rights.  Interference with Contracts- If a third party encourages a breach in any way, then that third party may be liable in tort.  Fraud- Occurs when there is an intentional misrepresentation of an existing important fact (that is a lie) which causes the victim to give up a right or something of value.

15 Civil Law  Negligence- A tort that results when a person carelessly injures another. It is an accidental tort and requires no intent.  Elements of Negligence:  The defendant owed the plaintiff a duty of care.  The defendant breached that duty by being careless.  The defendant’s carelessness was the proximate cause of harm.  The plaintiff was really hurt by the defendant’s carelessness.

16 Civil Law  Defenses to Negligence:  Contributory Negligence- The defendant can show that the victim did something that helped cause his or her own injuries.  Comparative Negligence- When the carelessness of each party is compared to the other party’s carelessness.  Assumption of Risk- When the plaintiff knew of the risk involved and still took the chance (assumed risk) of being injured.

17 Civil Law  Civil Remedies  Court Injunctions- Court order that prevents a party from performing a specific act and may be temporary or permanent.  Damages- A payment recovered in court by a person who has suffered an injury.

18 Civil Law  Alternative Dispute Resolution- Resolving a disagreement outside of the usual court system:  Mediation- When parties to a dispute invite a mediator, to help solve the problem. Advantage- final decision remains in the hands ofthe parties.  Arbitration- Giving the power to settle their dispute to a third party. Advantage- often results in a fair solution because the decision is in the hands of an objective third party.

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